M I N U T E S

                                             DEVELOPMENT SERVICES COMMITTEE

2002-03-19

 

PART A - 12:30 p.m. - Canada Room

PART B - 1:00 p.m. - Council Chamber

Attendance

Chair:  Councillor G. McKelvey Vice Chair, Community Character:             Regional Councillor T. Wong Vice Chair, Markham Centre:             Councillor D. Horchik Vice Chair, Economic Development:             Regional Councillor B. O'Donnell Members:   Mayor D. Cousens             Regional Councillor F. Scarpitti             Regional Councillor G. Landon             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Heath             Councillor A. Chiu

J. Livey, Chief Administrative Officer M. F. Turner, Commissioner of Development     Services J. Baird, Director of Planning & Urban Design V. Shuttleworth, Manager, Development J. Clohecy, Senior Project Coordinator T. Northcott, Senior Business Development Officer K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 12:35 p.m. in the Canada Room with Councillor G. McKelvey in the Chair. 

 

DISCLOSURE OF INTEREST  

 

Councillor Heath disclosed an interest with respect to Item # 5, the proposed wall sign variance for Loblaw Properties Limited, 300 Bullock Drive, by nature owning a warehouse nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

1.         STAFF MEMO - HUMBOLD PROPERTIES LIMITED
            REQUEST FOR STREET NAME APPROVAL, DRAFT PLAN OF
            SUBDIVISON 19T-95013 (SUB 95-006) (10.14)

 

RECOMMENDATION:

 

That the street name "Coral Cove Court" be approved for use in plan of subdivision 19T-95013 (Humbold Properties Limited).

 

 

2.         HOSTING THE CARY, NORTH CAROLINA DELEGATION
            APRIL 25 & 26, 2002 (10.16)

 

RECOMMENDATION:

 

That the Economic Development Department be authorized to plan and implement a program of activities for the Cary delegation in Markham, at a cost not to exceed $5,500.

 

This expenditure is to be funded from within the 2001 base budget for Business Development, account # 610-998508.

 

 

3.         MAIN STREET UNIONVILLE PARKING AND LAND USE STUDY (10.8)

 

Staff confirmed to the Committee that the study will address permitted land uses.

 

RECOMMENDATION:

 

That Marshall  Macklin Monaghan Limited be authorized to undertake the Main Street Unionville Parking and Land Use Study in accordance with the Work Program attached as Appendix ‘B’, for an upset limit of $43,400.00, subject to the execution of a contract with the Town;

 

And that John Winter Associates Limited be authorized to assist in the Study as sub-consultant (retail market specialist) in accordance with the Work Program attached as Appendix ‘C’, for an upset limit of $10,000.00, subject to the execution of a contract with the Town;

 

And further that consultant fees be paid from the 2002 Capital Budget (Planning and Urban Design Department accounts) with additional funding for the amount exceeding the 2002 Budget allocation being paid from existing Land Use Study Capital Accounts.

 

 

4.         BINEWOOD INVESTMENTS LTD., 7676 WOODBINE AVE.
            WALL SIGN VARIANCE (02-100402) (2.16.2)

 

RECOMMENDATION:

 

That the application for wall sign variance, File Number 02-100402, submitted by Binewood Investments Inc., proposing a wall sign located on the third floor (East elevation) of a multi-tenant commercial/industrial building at 7676 Woodbine Avenue, be approved.

 

 

 

 

 

 

5.         LOBLAW PROPERTIES LIMITED, 200 BULLOCK DRIVE
            WALL SIGN VARIANCE AND MILNE CREEK IMPROVEMENTS
            (01-110844, 01-110847, 01-113177, 01-113745) (2.16.2)

 

Councillor Heath disclosed an interest with respect to the proposed wall sign variance for Loblaw Properties Ltd., 300 Bullock Drive, by nature owning a warehouse nearby, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Staff explained the negotiations that had taken place with the applicant for this proposal, displaying site plans of the subject property. Committee requested the applicant consider granting an extension of the 10-foot easement from Bullock Drive to the railway tracks, for stream rehabilitation purposes. Committee also requested the required fencing be noted as a "small" chain link fence.

 

Mr. Harry Froussios, of Zelink Priamo Ltd., representing Loblaw Properties, agreed to consider the request for extension of the easement, with the understanding that there are existing parking spaces within the proposed northerly portion of the easement, and that any costs for rehabilitation work would be the responsibility of the Town.

 

RECOMMENDATION:

 

That the applications for Wall Sign Variances, submitted by Loblaw Properties Limited,  (Files Nos. 01-110844, 01-110847, 01-113177, 01-113745) be deferred to the Council meeting scheduled for March 26, 2002, to permit staff to work with the applicant to finalize details regarding extension of the easement from Bullock Drive to the railway tracks.

 

And that consideration of the following recommendation be deferred to the Council meeting scheduled for March 26, 2002:

 

"That the Wall Sign Variances, submitted by Loblaw Properties Limited, 200 Bullock Drive, (Files Nos. 01-110844, 01-110847, 01-113177, 01-113745) be approved as follows:

a)     Increases in allowable wall sign area:

i)             South/West elevation – from 9.6m² to 30.31m²

ii)            South/East elevation – from 11.25m² to 33.1 m²

iii)            West Elevation – from 20.0 m² to 23.7 m²

and;

b)      From one (1) sign per building face to Two (2) signs per building face for the west elevation.

 

And that the applicant’s $5,000.00 contribution for downstream improvements to Milne Creek be acknowledged, and the contribution received;

 

     *     And that the applicant grant to the Town a 10 metre wide easement for an environmental buffer strip (with the exception of the portion of the 10 metre easement that the northeast corner of the proposed LCBO building encroaches on); adjacent to the top-of-bank, as determined by the T.R.C.A., across the lands to be conveyed to the LCBO;

 

And further that the applicant be required to construct a 1.2 metre high black vinyl chain link fence where the subject lands abut Milne Creek, to the satisfaction of the Commissioner of Development Services."

                 ----                     ------------------------------------------------------------------------------------

         *      Amended by Council at its meeting held March 26, 2002, to replace the above-indicated paragraphs, as follows:

"And that the applicant grant to the Town a 10 metre wide easement adjacent to the top-of-bank, as determined by the T.R.C.A., from Bullock Drive to the C.N.R. right-of-way, for an environmental buffer strip (with the exception of the portion of the 10 metre easement that the northeast corner of the proposed L.C.B.O. building encroaches on, as shown on the October 3, 2001 site plan, and the existing parking spaces constructed as part of Phase 1);

 

And that the easement documents provide that the Town may undertake rehabilitation/renaturalization work within the Milne Creek corridor (at no cost to the applicant), and that any such rehabilitation/renaturalization work may at the Town’s discretion extend onto the lands subject to the easement;

 

And that if the proposed L.C.B.O. building decreases in size by 10% or more from the original building shown on the October 3, 2001 site plan (14,014 sq. ft.), the revised location will not encroach into the 10.0 metre wide easement;

 

And that, to ensure there is no conflict between rehabilitation activities within Milne Creek, and construction to be completed on the L.C.B.O. site, staff agree no work shall be undertaken with the Creek and the easement until either grading of the L.C.B.O. lands has been completed to the satisfaction of the Town or April 1, 2004, whichever is first;

 

And further that the applicant will be required, as part of the site plan approval for the L.C.B.O. site, to construct a 1.2 metre high black vinyl chain link fence 10 metres west of the top-bank as staked by the T.R.C.A., excluding the area where the proposed L.C.B.O. building encroaches into the easement and around the existing parking spaces, to the satisfaction of the Commissioner of Development Services."

 

 

6.         1430486 ONTARIO LTD. THE LIBERTY TOWER
IN TIMES/GALLERIA, BLOCK 40, REGISTERED PLAN 65M-3226
PLAN OF CONDOMINIUM (CU 01-117323) (10.20)

 

RECOMMENDATION:

That draft plan of condominium application CU 01 – 117323 submitted by  1430486 Ontario Inc.,  (19CDM-200105), identified as Project Number 1786-0, be draft approved, subject to the following conditions:

1.         Approval shall relate to a draft plan of condominium prepared by R. Avis Surveying Inc., dated October 25, 2001.

2.         That all provisions of the site plan agreement dated May 30, 2001 between the Owner and the Town be fulfilled to the satisfaction of the Town.

3.         That the Owner enter into a condominium agreement, if required by the Town.

4.         That the Town of Markham receive and accept the following certificates prior to registration of the condominium:

a)   A certificate from the Owner’s architect stating all buildings have been substantially completed in accordance with the plans contained in the site plan agreement with the Town dated May 30, 2001 and in accordance with the Building Code.

b)   A certificate from the Owner’s surveyor stating all buildings are substantially completed and have been located on the ground in accordance with the requirements of the applicable Zoning By-law and the  plans and conditions in the site plan agreement.

c)     A certificate from the Owner’s engineer stating that all grading, drainage, above and below ground services, asphalt paving and demarcation of parking spaces have been substantially completed in accordance with the plans and conditions in said site plan agreement; and that Centralized Mail Box facilities have been supplied and installed substantially in accordance with Canada Post Corporation specifications.

d)     A certificate from the Owner’s landscape architect stating that all landscaping has been installed and completed in accordance with the landscape plans and conditions in the said site plan agreement.

e)   A certificate from the Owner's noise consultant stating that all noise control features have been completed according to conditions in said site plan agreement.

5.         That prior to final plan approval the Owner submit the condominium declaration to the Town for review.

6.         That appropriate easements or similar instruments be granted to the condominium corporation allowing access to the main private roads leading to the public road system.

7.         That the condominium corporation assume proportionate ownership and maintenance obligations for common elements.

8.         Payment of any outstanding taxes owing to the Town of Markham.

9.         Payment of any outstanding local improvement charges owing against the subject lands.

10.       That prior to final approval the Owner shall arrange inspections of the on-site works with the Engineering and Design Departments, and shall rectify any deficiencies relative to the approved plans and specifications, to the satisfaction of the Director of Engineering and the Manager of Urban Design.

 

7.         COTSWOLD OF BAYVIEW
            NORTH OF STEELES AVE., WEST OF BAYVIEW AVE.
            PLAN OF CONDOMINIUM (CU 01-110802) (10.20)

 

RECOMMENDATION:

 

That the application for Plan of Condominium. File Number CU 01 110802, submitted by Monarch Construction Limited, for 17 residential townhouses on Arlington Way located on the north side of Steeles Avenue and west of Bayview Avenue, be approved subject to the following conditions:

 

1.                  Approval shall relate to the Draft Plan of Condominium prepared by Donevan Fleischmann Petrich Ltd., dated November 6, 2001;

 

2.                  That all provisions of the Site Plan Control Agreement dated March 22, 2000 between the Owner and the Town be fulfilled to the satisfaction of the Town;

 

3.                  That prior to release for registration the Owner shall satisfy all the conditions of the Regional Municipality of York as follows:

 

a.       Revise the condominium plans to show a 0.3 metre reserve across the full frontage of the site where it abuts Steeles Avenue, to be conveyed to the Regional Municipality of York, free of all costs and encumbrances upon registration of Plan of Condominium;

 

b.      The Owner shall enter into an Encroachment Agreement with the Region of York to permit an existing masonry wall to extend onto Regional property following dedication of the 0.3 metre reserve;

 

c.       The Owner shall provide a solicitor’s certificate of title in a form satisfactory to the Regional Solicitor, at no cost to the Region, with respect to the conveyance of lands to the Regional Municipality of York;

 

d.      The Region of York Planning and Development Services Department shall advise that Conditions 3a to 3c inclusive, have been satisfied.

 

4.                  That prior to release for registration, the Owner shall undertake the following to the satisfaction of the Toronto and Region Conservation Authority and the Town of Markham:

 

a.       That the Owner shall provide a letter stating agreement to the Town that the Engineering Department is to hold their Engineering Letter of Credit until the topsoil/fill material behind Unit 7 is removed and the area is restored with topdressing, seeding and an erosion control blanket to the satisfaction of the Town of Markham and the Toronto and Region Conservation Authority;

 

b.      That the condominium declaration include a clause specifying that any structural encroachments, including swimming pools, sheds, decks and other appurtenances, are prohibited within 10-metres of the top of bank.

 

5.                  That the Owner shall enter into a Condominium Agreement, if required by the Town;

 

6.                  That prior to release for registration, the owner shall provide the following, to the Town’s satisfaction:

 

 

 

a.       That prior to release for registration, the applicant shall submit to the Town for review and approval, the condominium description and declaration which shall ensure, among other matters that each townhouse unit has exclusive use for parking purposes, over the driveway portion of the common element leading directly to the unit and that the condominium corporation has assumed property ownership and maintenance of all common elements;

 

b.      A certificate from the applicant’s architect stating that all buildings are substantially completed and have been constructed in accordance with the plans in the Site Plan Control Agreement and in accordance with the Building Code;

 

c.       A certificate from the applicant’s surveyor stating that all buildings have been located on the ground in accordance with the plans in the said Site Plan Control Agreement and in accordance with the applicable zoning by-law;

 

d.      A certificate from the applicant’s engineer stating that all on site works, including but not limited to, grading and asphalt paving have been installed and completed in accordance with the plans and conditions in the Site Plan Control Agreement;

 

e.       A certificate from the applicant’s landscape architect stating that all landscaping has been installed and completed in accordance with the landscape plans in the Site Plan Control Agreement;

 

f.        Arrange inspections of the on-site works with the Engineering Department and Urban Design Group and shall rectify any deficiencies relative to the approved plans to the satisfaction of the Director of Engineering and the Manager of Urban Design;

 

g.       Payment of any outstanding taxes and local improvement fees against the subject lands;

 

h.       Payment of any outstanding local improvement charges, fees or recoveries owing against the subject lands.

 

7.                  That appropriate easements or other instruments be granted to the condominium corporation allowing access to the main private roads leading to public streets;

 

8.         The Owner shall ensure that all waste and recyclable materials will be collected privately.

 

 

 

 

 

 

 

 

 

 

……………………………………………

The Committee recessed In-camera at 3:35 p.m. to discuss confidential property matters, and reconvened at 4:35 p.m. to report.

……………………………………………….

 

8.         AZURIA (1212763 ONTARIO LTD.) 10271, 10327, 10391 WOODBINE AVENUE
            REVISIONS TO PROPOSED DRAFT PLAN OF SUBDIVISION
            (SU 01 106774, ZA 01 106727) - ONTARIO MUNICIPAL BOARD (10.5, 10.7, 8.0)

 

Staff reviewed the changes made to the proposed draft plan of subdivision submitted by Azuria (1212763 Ontario Ltd.), with respect to: the new Heritage feature and treatment of the Heritage structures; maintenance of lot size adjacent to Jennings Gate, which has been discussed with the Jennings Gate Ratepayers Association; and deletion of four lots adjacent to the school site. Parkland dedication, buffer and open space issues were discussed. The Committee expressed appreciation to staff for working with the applicant to achieve significant improvements in the plan.

   

RECOMMENDATION:

 

That the Town Solicitor be authorized to request the Ontario Municipal Board to approve the conditions of draft plan approval of subdivision 19TM-01002 (originally endorsed by Council on November 27, 2001; and revised and endorsed by the Ontario Municipal Board on December 10, 2001; and further revised as indicated in this report) set out in Appendix “A” to this report, in order to reflect the revised draft plan of subdivision prepared by Gagnon Law Bozzo on February 25, 2002;

 

That any heritage building retained on a lot within the draft plan of subdivision not be subject to Town of Markham Development Charges;

 

That the draft amendment to zoning by-law 177-96, endorsed by Council on November 27, 2001, and revised and endorsed by the Ontario Municipal Board on December 10, 2001, be further revised to incorporate the following additional provisions, as set out in Appendix “C” (Draft Zoning By-law Amendment) to this report:

 

·         Revisions to Schedule ‘A’ to zone Block 246 (the Residential Heritage Area) within the Single Detached Residential (R1) Zone;

·         Revisions to Schedule ‘A’ to include a new R2-LA zone on the east side of the subdivision, north of Street ‘B’, to recognize the new block of lane-based townhouses proposed in this location;

·         Text revisions requiring that a Site Plan Agreement be executed prior to removing any holding provisions within Block 246; and,

·         Text revisions to incorporate special provisions relating to the R1 Zone; 

 

And that with respect to the changes to the proposed zoning by-law and draft plan of subdivision, Council hereby determines that no further notice is to be given in respect of such changes, in accordance with subsections 34 (17) and 51(47) of the Planning Act.

 

PUBLIC MEETING

 

 

9.         FOREST BAY HOMES LTD., MARKHAM ROAD AND STEELES AVENUE
            REZONING APPLICATION TO PERMIT SEMI-DETACHED DWELLINGS
            (ZA.01-119053) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider Rezoning application, File ZA 01-119053, submitted by Forest Bay Homes Ltd., to permit semi-detached units at the northeast corner of Markham Road and Steeles Avenue.

 

Committee was advised that 50 notices were mailed on February 27, 2002, and a public meeting sign was posted February 26, 2002. There were no written submissions received.

 

There were no comments from the audience with respect to this application, and the Committee had no concerns.

 

RECOMMENDATION:

 

That the Development Services Commission report dated February 5, 2002, entitled "Applications submitted by Forest Bay Homes Ltd. to revise townhouse zoning provisions for the Villages of Fairtree community (ZA.01-119053)" be received;

 

And that the Record of the Public Meeting held on March 19, 2002, with respect to the proposed amendment to zoning By-law 90-81 be received;

 

And that the application by Forest Bay Homes Ltd. to amend zoning By-law 90-81 be approved;

 

And further that the proposed amendment to zoning By-law 90-81 be enacted without further notice.

 

 

 

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Other items considered by the Development Services Committee on March 19, 2002:

 

 

10.       MARKHAM CENTRE - ADVISORY GROUP (10.8.1) (Part A)

 

Staff reviewed the objectives of the Advisory Committee, and provided a draft list of suggested names of members. The Committee requested further information regarding two proposed members, and suggested a representative of York Regional Police be included. Councillor Horchik agreed to find a resident from the Tenstone area as a member-at-large. The Committee discussed the responsibilities of School Board Trustees with respect to communicating issues to the public, and requested the Commissioner approach the School Board in this regard.

 

It was suggested that the Advisory committee be structured as a permanent, formal subcommittee with a one-year term of appointment. Staff were directed to prepare, and circulate to members of the Development Services Committee, the terms of reference and scope of the new committee, including the time commitment that would be required. Associations should then be approached to appoint members. It was also noted that: four (4) Markham Residents at large would be appropriate; that the category "Major Local Business" also include other businesses; that the Markham Environmental Alliance, as well as the Markham Conservation Committee, be considered; and that Associations be approached to appoint a member, rather than assuming the President of the Association would serve.

 

RECOMMENDATION:

 

That the staff presentation regarding the Markham Centre Advisory Group be received.

 

 

11.       MARKHAM CENTRE - ADVISORY GROUP (10.8.1) (Part B)

 

RECOMMENDATION:

 

That the Markham Centre Advisory Committee be established;

 

And that the list of suggested names be revised as discussed by the Committee;

 

And that staff prepare Terms of Reference for the Markham Centre Advisory Committee,

including the scope, the time commitment required, and that members be appointed for one-year terms;

 

And that the Terms of Reference and the revised list of names be presented to the Development Services Committee meeting scheduled for April 9, 2002.

 

 

12.       J.V.H. PROPERTIES, 70 DENISON STREET
ZONING APPLICATION TO PERMIT A MEAT PROCESSING
AND PACKAGING PLANT (ZA. 02-105323) (10.5)

 

The Committee received correspondence from Mr. David S. Moore of Indusite Realty Corporation, representing J.V. H. Properties, dated February 28, 2002.

 

Mr. Moore was in attendance to confirm that the proposal does not include an abattoir, and to request that a Public Meeting be held regarding Zoning Application ZA. 02-105323, to permit a meat processing and packaging plant at 70 Denison Street.

 

RECOMMENDATION:

 

That the deputation by Mr. David S. Moore of Indusite Realty Corporation, regarding the Zoning Application submitted for 70 Denison Street, be received;

 

And that a Public Meeting be held to consider Zoning application ZA.02-105323, submitted by J.V.H. Properties, to permit a meat processing and packaging plant at 70 Denison Street.

 

 

 

13.       MOBIUS CORPORATION, 300 COMMERCE VALLEY DRIVE EAST
NORTH WEST CORNER OF COMMERCE VALLEY DRIVE EAST
AND MINTHORN COURT, APPLICATION FOR SITE PLAN
APPROVAL TO PERMIT A STAND-ALONE RESTAURANT COMPLEX
(SC 00 241935) (10.6)

 

Staff presented a report dated March 19, 2002, entitled "Mobius Corporation, 300 Commerce Valley Drive East, application for Site Plan Approval to permit a stand-alone restaurant complex, File SC 00 241935."

 

Mr. Robert Swayze, Solicitor, Mr. Peter Peltkoff, Architect, and Mr. Rae, of Earthtech, Traffic Consultant, were in attendance representing Mobius Corporation.

 

Staff reviewed the outstanding issue of parking, advising there is a discrepancy between the applicant's and staff's interpretation of parking requirement, based on whether calculations should include the kitchen area. The applicant has applied to the Committee of Adjustment for a Minor Variance to permit a reduction in parking.  Staff can support a reduction in the overall parking requirement by 33 stalls, on the basis that the parking requirement can be reduced by some 10% due to expected walk-in clients, which is unique to this business campus context, and is supported by traffic consultants.  The remaining deficiency is on-site parking (77 spaces) should be provided off-site, on adjacent lands.  This would need to be formalized through legal agreements and easements.

 

The Committee discussed peak demands, the need for 112 additional parking stalls in the evening, and the term of the shared parking arrangement.

 

Mr. Swayze suggested the adjacent property has 56 parking spaces above the zoning by-law requirement, which will assist in resolution of the issue. He agreed to pursue a permanent shared-parking arrangement.

 

RECOMMENDATION:

 

That the staff report dated March 19, 2002, entitled "Mobius Corporation, 300 Commerce Valley Drive East, application for Site Plan Approval to permit a stand-alone restaurant complex, File SC 00 241935", be received;

 

And that the deputation by Mr. Robert Swayze, representing Mobius Corporation, regarding the application for site plan approval, File SC 00 241935, be received;

 

And that application SC 00 241935, submitted by Mobius Corporation for site plan approval to permit a stand-alone restaurant complex at 30 Minthorn Court (north west corner of Minthorn Court and Commerce Valley Drive East), be approved subject to the following conditions:

 

1.         That the Owner enter into a Site Plan Agreement with the Town;

 

2.         That site plan approval shall lapse after a period of three years commencing March 19, 2002, in the event that the Owner does not enter into a site plan agreement with the Town during that period;

 

3.         That the site plan comply with the requirements of By-law 165-80, as amended;

 

4.         That prior to final approval of the site plan:

 

a)   the owner verify the location of all existing and proposed utilities and confirm that existing services are adequate for the proposed use;

 

b)   the owner confirm that the proposed driveway and access curb radius comply with driveway by-law 158-93;

 

c)   the owner submit revised drawings showing the location of proposed refrigerated internal refuse storage areas;

 

d)   the applicant provide examples of parking utilization rates of hotel and office buildings in the surrounding area and apply the findings to the subject proposal for shared parking use with adjacent hotel and office uses during peak restaurant parking demand periods, to the satisfaction of the Director of Planning and Urban Design, to substantiate the opportunities for shared use parking during the lunch time peak use period, identified in their parking study and the evening peak period;

 

e)   the head lease tenant of the proposed restaurant development enter into a joint parking/long-term lease agreement, to be valid in perpetuity and to be registered on the titles of the applicable lands, with the owner of the adjoining property to the west (know legally as Block 3 Registered Plan 65M-2665) and, if feasible, the owner of the adjoining property to the north (known legally as Part 1 Plan 65R-22501, Block 2 Registered Plan 65M-2665), containing the following clauses, in a form satisfactory to the Town of Markham:

 (i)        the parties jointly agree to provide 112 shared parking spaces, collectively, on Block 3 Registered Plan 65M-3226 and, if feasible, on Part 1 Plan 65R-22501, Block 2 Registered Plan 65M-2665;

(ii)        the parties agree to broadly designate the parking spaces on each site to be used as “shared use” spaces, and agree that customers of the subject restaurant development will be allowed unrestricted access to these spaces (i.e. the designated spaces will not be reserved for specific users or tenants);

(iii)       the parties agree to post appropriate signage directing restaurant customers to overflow parking areas;

(iv)       the parties agree that no barriers, traffic control gates or other devices will be erected across driveways that provide access between properties;

(v)        the parties agree that no charges will be levied on restaurant customers using off-site shared parking;

(vi)       the parties agree to grant all necessary right of way easements to allow restaurant customers to park on the designated off-site “shared use” parking spaces;

(vii)      that the parties will agree to undertake a program to monitor parking utilization on the lands affected by this agreement.

 

f)    the applicant secure all required consents from the town to permit a long-term shared use parking/lease agreement in excess of 21 years;

5.         That prior to the execution of the site plan agreement the Owner shall:

 

a)   submit a Landscape Plan, prepared by a Landscape Architect having O.A.L.A membership, to the satisfaction and approval of the Commissioner of Development Services;

 

6.         That the site plan agreement:

 

a)   provide for payment by the Owner of all applicable fees, recoveries and development charges;

b)   contain provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department, Waste Management and Roads;

c)   contain a clause whereby the owner agrees to construct a 1.5 metre sidewalk along the Commerce Valley Drive frontage of the property.

 

7.         That the variance application to reduce parking requirements on the subject property be revised as follows:

 

·        That a minimum of 238 spaces will be provided on the subject lands;

·        That a minimum of 112 spaces, shall be secured off-site through shared use parking spaces on Block 3, Registered Plan 65M-2665, and, if available, Part 1 Plan 65R-22501, Block 2 Registered Plan 65M-2665;

·        If fewer than 112 shared-use parking spaces can be provided on the lots indicated above, that the applicant will either:

·          Reduce the gross floor area of the proposed restaurant to a size that could

be supported by the available parking supply; or

     ·           Enter into a site plan agreement with the Town to provide the remaining

parking shortfall on a new parking lot to be located on Block 4, Registered

Plan 65M-2665 (south east corner of Leslie Street and Highway 7).

 

 

14.       PUBLIC ART POLICY STEERING COMMITTEEE
            MINUTES, JANUARY 21, 2002 (16.34)

 

RECOMMENDATION:

 

That the minutes of the Public Art Policy Steering Committee, dated January 21, 2002, be received for information.

 

 

15.       MARKHAM SUBCOMMITTEE MINUTES - MARCH 7, 2002
RE: IMPERIAL OIL LIMITED, 380 MAIN STREET NORTH
APPLICATION FOR REZONING FOR GAS STATION/CONVENIENCE
STORE (ZA 01 113977, SC 01 115527) (10.5, 10.6, 16.15)

 

It was noted that Councillor McKelvey chaired the Markham Subcommittee meeting. Staff advised a report is being prepared regarding the discussions and recommendations of the Markham Subcommittee, and which will provide alternative recommendations with respect to location of building, placement of canopy, and Peter Street access.

 

Committee expressed concern with the timing of the staff report, with respect to issuance of a Building Permit. Staff advised the report is scheduled to be brought to the Committee on April 23, 2002, and that the Building Department will be requested to begin the permit review process concurrently. 

 

RECOMMENDATION:

 

That the minutes of the Markham Subcommittee meeting, held March 7, 2002, regarding Rezoning Application File ZA 01 113977, submitted by Imperial Oil, for 380 Main Street North, be received;

 

And that a staff report regarding the revised proposal be prepared for the Development Services Committee.

 

 

COMMUNICATIONS

 

RECOMMENDATION:

 

That Development Services Committee receive and consents to the disposition of Item Nos. 16 to 18 in the following manner:

 

 

16.       ONTARIO MUNICIPAL BOARD ORDER, MARCH 7, 2002
            300 JOHN STREET LTD. AND PROPERTIES CAD-CAR INC.(10.6 & 13.13)

- Receive

 

17.       ENBRIDGE CONSUMERS GAS, FEBRUARY 27, 2002
            CONDITIONS OF DRAFT APPROVAL, 1107656 ONT. LTD, 19TM-01013 (10.7)

- Receive

 

18.       JACK VALIANES, JAKES PUB & GRILLE, MARCH 1, 2002
            REQUESTING EXEMPTION FROM INTERIM CONTROL BY-LAW (10.8)

- Receive

 

Mr. Jack Valianes of Jakes Pub & Grille, was in attendance to address his correspondence dated March 1, 2002, requesting an exemption from the Interim Control By-law. Staff suggested that the Committee wait until the appeal period for the Interim Control By-law is over, before assessing requests for exemptions.

 

 

 

 

 

……………………………………………

 

The Committee recessed In-camera at 3:35 p.m., and reconvened at 4:35 p.m. to report.

 

……………………………………………….

 

 

19.       CONFIDENTIAL PROPERTY MATTER (10.12, 8.0)

 

The Committee discussed a confidential property issue. This matter is to be brought forward to Council at its meeting scheduled for March 26, 2002.

 

 

20.       CONFIDENTIAL PERSONNEL MATTER (11.8)

 

The Committee discussed a confidential personnel matter.

 

 

 

…………………………..

 

The Development Services Committee recessed at the hour of 4:35 p.m. and reconvened at the hour of 7:00 p.m.

 

……………………………

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Meeting

Attendance

Chair:  Councillor G. McKelvey Vice Chair, Community Character:             Regional Councillor T. Wong Vice Chair, Markham Centre:             Councillor D. Horchik Vice Chair, Economic Development:             Regional Councillor B. O'Donnell Members:   Mayor D. Cousens             Regional Councillor F. Scarpitti             Regional Councillor G. Landon             Councillor S. Daurio             Councillor E. Shapero             Councillor J. Virgilio             Councillor J. Heath             Councillor K. Usman             Councillor A. Chiu

J. Livey, Chief Administrative Officer M. F. Turner, Commissioner of Development     Services R. Robinson, Town Solicitor V. Shuttleworth, Manager, Development B. Karumanchery, Senior Project Coordinator D. Wylie, Senior Planner M. Wouters, Planner K. Bavington, Committee Clerk

 

The Development Services Committee convened at the hour of 7:00 p.m. in the Council Chamber with Councillor G. McKelvey in the Chair.

DISCLOSURE OF INTEREST  - none declared

 

 

21.       NEAMSBY INVESTMENTS INC., 1525 DENISON STREET
            REZONING APPLICATION FOR FARMERS MARKET
            (ZA.01-118464) (10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider Rezoning application, File ZA 01-118464, submitted by Neamsby Investment Inc., to permit a farmers Market at 1525 Denison Street.

 

Committee was advised that 64 notices were mailed on February 27, 2002, and a public meeting sign was posted February 13, 2002. The Committee received one written submissions from Mr. Chang, 293 Milliken Meadows Drive, Markham, in objection.

 

Staff made a presentation regarding the proposal, explaining the location, surrounding uses, and the proposed uses of the subject property. The Committee requested clarification in the follow-up staff report, with respect to uses included in "Indoor Recreational Uses", and with respect to hours of operation.

 

Mr. Rudy Buczolits, representing the applicant, Neamsby Investments Inc., was in attendance to answer questions from the Committee.

 

Mr. Edward Li, 293 Milliken Meadows Drive, questioned the need for a large market so close to the existing supermarket, and expressed concern for increased traffic, and odours during the summer. Staff advised indoor storage, and possibly refrigerated storage, can be required as part of the site plan approval. The Committee recommended Mr. Li visit the existing Farmers Market in Thornhill, to get an understanding this type of operation.

 

RECOMMENDATION:

 

That the Record of the Public Meeting held on March 19, 2002, with respect to "Neamsby Investments Inc., Application for rezoning to permit at farmers market at 1525 Denison Street", be received;

 

And that the application be referred back to staff for a report and recommendation. 

 

 

22.       WISMER MARKHAM DEVELOPMENTS INC.,
WEST SIDE OF HIGHWAY 48, NORTH OF 16^TH AVENUE,
SOUTH OF MAJOR MACKENZIE DRIVE
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT
A COMMERCIAL SHOPPING FACILITY (OP 01 116736, ZA 01 116747)
(10.3, 10.5)

 

The Chair advised that the subject of the Public Meeting this date was to consider Official Plan and Zoning By-law Amendments, application Files OP 01 116736 and ZA 01-116747, submitted by Wismer Markham Development Inc., to permit a commercial shopping facility on the west side of Highway 48, north of 16^th Avenue and south of Major Mackenzie Drive.

 

Committee was advised that 87 notices were mailed on February 27, 2002, and a public meeting sign was posted February 27, 2002. There were no written submissions received.

 

Staff made a presentation regarding the proposal, explaining the location, surrounding uses, and the proposed uses of the subject property.

 

Mr. James Kennedy, of KLM Planning Partners, was in attendance representing the applicant, Wismer Markham Developments Inc. He explained that the surrounding lands designated for Major Commercial use are fragmented into small parcels, which cannot contain the proposed large commercial shopping facility.

 

Committee expressed concern for setting a Big Box precedent in the Highway 48 corridor, and for  Big Box development replacing Community Amenity areas. Staff were directed to review the allocation of Community Amenity properties in the area, and to address how tighter control over site plans can be achieved, with respect to changes made after zoning approval has been given.

 

Staff recommended that the applicant be invited to speak to the Committee to discuss their intentions and plans for this site, and that a working group be formed to guide this proposal. 

 

 

RECOMMENDATION:

 

That the Record of the Public Meeting held on March 19, 2002, with respect to "Applications submitted by Wismer Markham Developments Inc. to permit a commercial shopping facility on the west side of Highway 48, north of 16^th Avenue, and south of Major Mackenzie Drive (OP 01 116736, ZA 01-116747)", be received;

 

And that the application be referred back to staff for a report and recommendation. 

 

And that staff arrange a meeting with the applicant as soon as possible, to discuss concerns identified.

 

 

 

ADJOURNMENT

 

The Development Services Committee meeting adjourned at the hour of 8:15 p.m.